Illinois General Assembly - Full Text of SB0817
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Full Text of SB0817  102nd General Assembly

SB0817eng 102ND GENERAL ASSEMBLY

  
  
  

 


 
SB0817 EngrossedLRB102 04605 CMG 14624 b

1    AN ACT concerning education.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The School Code is amended by changing Sections
52-3.25o, 10-22.25b, 27A-5, and 34-2.3 as follows:
 
6    (105 ILCS 5/2-3.25o)
7    Sec. 2-3.25o. Registration and recognition of non-public
8elementary and secondary schools.
9    (a) Findings. The General Assembly finds and declares (i)
10that the Constitution of the State of Illinois provides that a
11"fundamental goal of the People of the State is the
12educational development of all persons to the limits of their
13capacities" and (ii) that the educational development of every
14school student serves the public purposes of the State. In
15order to ensure that all Illinois students and teachers have
16the opportunity to enroll and work in State-approved
17educational institutions and programs, the State Board of
18Education shall provide for the voluntary registration and
19recognition of non-public elementary and secondary schools.
20    (b) Registration. All non-public elementary and secondary
21schools in the State of Illinois may voluntarily register with
22the State Board of Education on an annual basis. Registration
23shall be completed in conformance with procedures prescribed

 

 

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1by the State Board of Education. Information required for
2registration shall include assurances of compliance (i) with
3federal and State laws regarding health examination and
4immunization, attendance, length of term, and
5nondiscrimination, including assurances that the school will
6not prohibit hairstyles historically associated with race,
7ethnicity, or hair texture, including, but not limited to,
8protective hairstyles such as braids, locks, and twists, and
9(ii) with applicable fire and health safety requirements.
10    (c) Recognition. All non-public elementary and secondary
11schools in the State of Illinois may voluntarily seek the
12status of "Non-public School Recognition" from the State Board
13of Education. This status may be obtained by compliance with
14administrative guidelines and review procedures as prescribed
15by the State Board of Education. The guidelines and procedures
16must recognize that some of the aims and the financial bases of
17non-public schools are different from public schools and will
18not be identical to those for public schools, nor will they be
19more burdensome. The guidelines and procedures must also
20recognize the diversity of non-public schools and shall not
21impinge upon the noneducational relationships between those
22schools and their clientele.
23    (c-5) Prohibition against recognition. A non-public
24elementary or secondary school may not obtain "Non-public
25School Recognition" status unless the school requires all
26certified and non-certified applicants for employment with the

 

 

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1school, after July 1, 2007, to authorize a fingerprint-based
2criminal history records check as a condition of employment to
3determine if such applicants have been convicted of any of the
4enumerated criminal or drug offenses set forth in Section
521B-80 of this Code or have been convicted, within 7 years of
6the application for employment, of any other felony under the
7laws of this State or of any offense committed or attempted in
8any other state or against the laws of the United States that,
9if committed or attempted in this State, would have been
10punishable as a felony under the laws of this State.
11    Authorization for the check shall be furnished by the
12applicant to the school, except that if the applicant is a
13substitute teacher seeking employment in more than one
14non-public school, a teacher seeking concurrent part-time
15employment positions with more than one non-public school (as
16a reading specialist, special education teacher, or
17otherwise), or an educational support personnel employee
18seeking employment positions with more than one non-public
19school, then only one of the non-public schools employing the
20individual shall request the authorization. Upon receipt of
21this authorization, the non-public school shall submit the
22applicant's name, sex, race, date of birth, social security
23number, fingerprint images, and other identifiers, as
24prescribed by the Department of State Police, to the
25Department of State Police.
26    The Department of State Police and Federal Bureau of

 

 

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1Investigation shall furnish, pursuant to a fingerprint-based
2criminal history records check, records of convictions,
3forever and hereafter, until expunged, to the president or
4principal of the non-public school that requested the check.
5The Department of State Police shall charge that school a fee
6for conducting such check, which fee must be deposited into
7the State Police Services Fund and must not exceed the cost of
8the inquiry. Subject to appropriations for these purposes, the
9State Superintendent of Education shall reimburse non-public
10schools for fees paid to obtain criminal history records
11checks under this Section.
12    A non-public school may not obtain recognition status
13unless the school also performs a check of the Statewide Sex
14Offender Database, as authorized by the Sex Offender Community
15Notification Law, for each applicant for employment, after
16July 1, 2007, to determine whether the applicant has been
17adjudicated a sex offender.
18    Any information concerning the record of convictions
19obtained by a non-public school's president or principal under
20this Section is confidential and may be disseminated only to
21the governing body of the non-public school or any other
22person necessary to the decision of hiring the applicant for
23employment. A copy of the record of convictions obtained from
24the Department of State Police shall be provided to the
25applicant for employment. Upon a check of the Statewide Sex
26Offender Database, the non-public school shall notify the

 

 

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1applicant as to whether or not the applicant has been
2identified in the Sex Offender Database as a sex offender. Any
3information concerning the records of conviction obtained by
4the non-public school's president or principal under this
5Section for a substitute teacher seeking employment in more
6than one non-public school, a teacher seeking concurrent
7part-time employment positions with more than one non-public
8school (as a reading specialist, special education teacher, or
9otherwise), or an educational support personnel employee
10seeking employment positions with more than one non-public
11school may be shared with another non-public school's
12principal or president to which the applicant seeks
13employment. Any unauthorized release of confidential
14information may be a violation of Section 7 of the Criminal
15Identification Act.
16    No non-public school may obtain recognition status that
17knowingly employs a person, hired after July 1, 2007, for whom
18a Department of State Police and Federal Bureau of
19Investigation fingerprint-based criminal history records check
20and a Statewide Sex Offender Database check has not been
21initiated or who has been convicted of any offense enumerated
22in Section 21B-80 of this Code or any offense committed or
23attempted in any other state or against the laws of the United
24States that, if committed or attempted in this State, would
25have been punishable as one or more of those offenses. No
26non-public school may obtain recognition status under this

 

 

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1Section that knowingly employs a person who has been found to
2be the perpetrator of sexual or physical abuse of a minor under
318 years of age pursuant to proceedings under Article II of the
4Juvenile Court Act of 1987.
5    In order to obtain recognition status under this Section,
6a non-public school must require compliance with the
7provisions of this subsection (c-5) from all employees of
8persons or firms holding contracts with the school, including,
9but not limited to, food service workers, school bus drivers,
10and other transportation employees, who have direct, daily
11contact with pupils. Any information concerning the records of
12conviction or identification as a sex offender of any such
13employee obtained by the non-public school principal or
14president must be promptly reported to the school's governing
15body.
16    Prior to the commencement of any student teaching
17experience or required internship (which is referred to as
18student teaching in this Section) in any non-public elementary
19or secondary school that has obtained or seeks to obtain
20recognition status under this Section, a student teacher is
21required to authorize a fingerprint-based criminal history
22records check. Authorization for and payment of the costs of
23the check must be furnished by the student teacher to the chief
24administrative officer of the non-public school where the
25student teaching is to be completed. Upon receipt of this
26authorization and payment, the chief administrative officer of

 

 

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1the non-public school shall submit the student teacher's name,
2sex, race, date of birth, social security number, fingerprint
3images, and other identifiers, as prescribed by the Department
4of State Police, to the Department of State Police. The
5Department of State Police and the Federal Bureau of
6Investigation shall furnish, pursuant to a fingerprint-based
7criminal history records check, records of convictions,
8forever and hereinafter, until expunged, to the chief
9administrative officer of the non-public school that requested
10the check. The Department of State Police shall charge the
11school a fee for conducting the check, which fee must be passed
12on to the student teacher, must not exceed the cost of the
13inquiry, and must be deposited into the State Police Services
14Fund. The school shall further perform a check of the
15Statewide Sex Offender Database, as authorized by the Sex
16Offender Community Notification Law, and of the Statewide
17Murderer and Violent Offender Against Youth Database, as
18authorized by the Murderer and Violent Offender Against Youth
19Registration Act, for each student teacher. No school that has
20obtained or seeks to obtain recognition status under this
21Section may knowingly allow a person to student teach for whom
22a criminal history records check, a Statewide Sex Offender
23Database check, and a Statewide Murderer and Violent Offender
24Against Youth Database check have not been completed and
25reviewed by the chief administrative officer of the non-public
26school.

 

 

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1    A copy of the record of convictions obtained from the
2Department of State Police must be provided to the student
3teacher. Any information concerning the record of convictions
4obtained by the chief administrative officer of the non-public
5school is confidential and may be transmitted only to the
6chief administrative officer of the non-public school or his
7or her designee, the State Superintendent of Education, the
8State Educator Preparation and Licensure Board, or, for
9clarification purposes, the Department of State Police or the
10Statewide Sex Offender Database or Statewide Murderer and
11Violent Offender Against Youth Database. Any unauthorized
12release of confidential information may be a violation of
13Section 7 of the Criminal Identification Act.
14    No school that has obtained or seeks to obtain recognition
15status under this Section may knowingly allow a person to
16student teach who has been convicted of any offense that would
17subject him or her to license suspension or revocation
18pursuant to Section 21B-80 of this Code or who has been found
19to be the perpetrator of sexual or physical abuse of a minor
20under 18 years of age pursuant to proceedings under Article II
21of the Juvenile Court Act of 1987.
22    Any school that has obtained or seeks to obtain
23recognition status under this Section may not prohibit
24hairstyles historically associated with race, ethnicity, or
25hair texture, including, but not limited to, protective
26hairstyles such as braids, locks, and twists.

 

 

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1    (d) Public purposes. The provisions of this Section are in
2the public interest, for the public benefit, and serve secular
3public purposes.
4    (e) Definition. For purposes of this Section, a non-public
5school means any non-profit, non-home-based, and non-public
6elementary or secondary school that is in compliance with
7Title VI of the Civil Rights Act of 1964 and attendance at
8which satisfies the requirements of Section 26-1 of this Code.
9(Source: P.A. 99-21, eff. 1-1-16; 99-30, eff. 7-10-15.)
 
10    (105 ILCS 5/10-22.25b)  (from Ch. 122, par. 10-22.25b)
11    Sec. 10-22.25b. School uniforms. The school board may
12adopt a school uniform or dress code policy that governs all or
13certain individual attendance centers and that is necessary to
14maintain the orderly process of a school function or prevent
15endangerment of student health or safety. A school uniform or
16dress code policy adopted by a school board: (i) shall not be
17applied in such manner as to discipline or deny attendance to a
18transfer student or any other student for noncompliance with
19that policy during such period of time as is reasonably
20necessary to enable the student to acquire a school uniform or
21otherwise comply with the dress code policy that is in effect
22at the attendance center or in the district into which the
23student's enrollment is transferred; and (ii) shall include
24criteria and procedures under which the school board will
25accommodate the needs of or otherwise provide appropriate

 

 

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1resources to assist a student from an indigent family in
2complying with an applicable school uniform or dress code
3policy; and (iii) shall not include or apply to hairstyles,
4including hairstyles historically associated with race,
5ethnicity, or hair texture, including, but not limited to,
6protective hairstyles such as braids, locks, and twists. A
7student whose parents or legal guardians object on religious
8grounds to the student's compliance with an applicable school
9uniform or dress code policy shall not be required to comply
10with that policy if the student's parents or legal guardians
11present to the school board a signed statement of objection
12detailing the grounds for the objection. This Section applies
13to school boards of all districts, including special charter
14districts and districts organized under Article 34. If a
15school board does not comply with the requirements and
16prohibitions set forth in this Section, the school district is
17subject to the penalty imposed pursuant to subsection (a) of
18Section 2-3.25.
19    By no later than July 1, 2022, the State Board of Education
20shall make available to schools resource materials developed
21in consultation with stakeholders regarding hairstyles,
22including hairstyles historically associated with race,
23ethnicity, or hair texture, including, but not limited to,
24protective hairstyles such as braids, locks, and twists. The
25State Board of Education shall make the resource materials
26available on its Internet website.

 

 

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1(Source: P.A. 89-610, eff. 8-6-96.)
 
2    (105 ILCS 5/27A-5)
3    Sec. 27A-5. Charter school; legal entity; requirements.
4    (a) A charter school shall be a public, nonsectarian,
5nonreligious, non-home based, and non-profit school. A charter
6school shall be organized and operated as a nonprofit
7corporation or other discrete, legal, nonprofit entity
8authorized under the laws of the State of Illinois.
9    (b) A charter school may be established under this Article
10by creating a new school or by converting an existing public
11school or attendance center to charter school status.
12Beginning on April 16, 2003 (the effective date of Public Act
1393-3), in all new applications to establish a charter school
14in a city having a population exceeding 500,000, operation of
15the charter school shall be limited to one campus. The changes
16made to this Section by Public Act 93-3 do not apply to charter
17schools existing or approved on or before April 16, 2003 (the
18effective date of Public Act 93-3).
19    (b-5) In this subsection (b-5), "virtual-schooling" means
20a cyber school where students engage in online curriculum and
21instruction via the Internet and electronic communication with
22their teachers at remote locations and with students
23participating at different times.
24    From April 1, 2013 through December 31, 2016, there is a
25moratorium on the establishment of charter schools with

 

 

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1virtual-schooling components in school districts other than a
2school district organized under Article 34 of this Code. This
3moratorium does not apply to a charter school with
4virtual-schooling components existing or approved prior to
5April 1, 2013 or to the renewal of the charter of a charter
6school with virtual-schooling components already approved
7prior to April 1, 2013.
8    (c) A charter school shall be administered and governed by
9its board of directors or other governing body in the manner
10provided in its charter. The governing body of a charter
11school shall be subject to the Freedom of Information Act and
12the Open Meetings Act. No later than January 1, 2021 (one year
13after the effective date of Public Act 101-291), a charter
14school's board of directors or other governing body must
15include at least one parent or guardian of a pupil currently
16enrolled in the charter school who may be selected through the
17charter school or a charter network election, appointment by
18the charter school's board of directors or other governing
19body, or by the charter school's Parent Teacher Organization
20or its equivalent.
21    (c-5) No later than January 1, 2021 (one year after the
22effective date of Public Act 101-291) or within the first year
23of his or her first term, every voting member of a charter
24school's board of directors or other governing body shall
25complete a minimum of 4 hours of professional development
26leadership training to ensure that each member has sufficient

 

 

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1familiarity with the board's or governing body's role and
2responsibilities, including financial oversight and
3accountability of the school, evaluating the principal's and
4school's performance, adherence to the Freedom of Information
5Act and the Open Meetings Act, and compliance with education
6and labor law. In each subsequent year of his or her term, a
7voting member of a charter school's board of directors or
8other governing body shall complete a minimum of 2 hours of
9professional development training in these same areas. The
10training under this subsection may be provided or certified by
11a statewide charter school membership association or may be
12provided or certified by other qualified providers approved by
13the State Board of Education.
14    (d) For purposes of this subsection (d), "non-curricular
15health and safety requirement" means any health and safety
16requirement created by statute or rule to provide, maintain,
17preserve, or safeguard safe or healthful conditions for
18students and school personnel or to eliminate, reduce, or
19prevent threats to the health and safety of students and
20school personnel. "Non-curricular health and safety
21requirement" does not include any course of study or
22specialized instructional requirement for which the State
23Board has established goals and learning standards or which is
24designed primarily to impart knowledge and skills for students
25to master and apply as an outcome of their education.
26    A charter school shall comply with all non-curricular

 

 

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1health and safety requirements applicable to public schools
2under the laws of the State of Illinois. On or before September
31, 2015, the State Board shall promulgate and post on its
4Internet website a list of non-curricular health and safety
5requirements that a charter school must meet. The list shall
6be updated annually no later than September 1. Any charter
7contract between a charter school and its authorizer must
8contain a provision that requires the charter school to follow
9the list of all non-curricular health and safety requirements
10promulgated by the State Board and any non-curricular health
11and safety requirements added by the State Board to such list
12during the term of the charter. Nothing in this subsection (d)
13precludes an authorizer from including non-curricular health
14and safety requirements in a charter school contract that are
15not contained in the list promulgated by the State Board,
16including non-curricular health and safety requirements of the
17authorizing local school board.
18    (e) Except as otherwise provided in the School Code, a
19charter school shall not charge tuition; provided that a
20charter school may charge reasonable fees for textbooks,
21instructional materials, and student activities.
22    (f) A charter school shall be responsible for the
23management and operation of its fiscal affairs including, but
24not limited to, the preparation of its budget. An audit of each
25charter school's finances shall be conducted annually by an
26outside, independent contractor retained by the charter

 

 

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1school. To ensure financial accountability for the use of
2public funds, on or before December 1 of every year of
3operation, each charter school shall submit to its authorizer
4and the State Board a copy of its audit and a copy of the Form
5990 the charter school filed that year with the federal
6Internal Revenue Service. In addition, if deemed necessary for
7proper financial oversight of the charter school, an
8authorizer may require quarterly financial statements from
9each charter school.
10    (g) A charter school shall comply with all provisions of
11this Article, the Illinois Educational Labor Relations Act,
12all federal and State laws and rules applicable to public
13schools that pertain to special education and the instruction
14of English learners, and its charter. A charter school is
15exempt from all other State laws and regulations in this Code
16governing public schools and local school board policies;
17however, a charter school is not exempt from the following:
18        (1) Sections 10-21.9 and 34-18.5 of this Code
19    regarding criminal history records checks and checks of
20    the Statewide Sex Offender Database and Statewide Murderer
21    and Violent Offender Against Youth Database of applicants
22    for employment;
23        (2) Sections 10-20.14, 10-22.6, 24-24, 34-19, and
24    34-84a of this Code regarding discipline of students;
25        (3) the Local Governmental and Governmental Employees
26    Tort Immunity Act;

 

 

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1        (4) Section 108.75 of the General Not For Profit
2    Corporation Act of 1986 regarding indemnification of
3    officers, directors, employees, and agents;
4        (5) the Abused and Neglected Child Reporting Act;
5        (5.5) subsection (b) of Section 10-23.12 and
6    subsection (b) of Section 34-18.6 of this Code;
7        (6) the Illinois School Student Records Act;
8        (7) Section 10-17a of this Code regarding school
9    report cards;
10        (8) the P-20 Longitudinal Education Data System Act;
11        (9) Section 27-23.7 of this Code regarding bullying
12    prevention;
13        (10) Section 2-3.162 of this Code regarding student
14    discipline reporting;
15        (11) Sections 22-80 and 27-8.1 of this Code;
16        (12) Sections 10-20.60 and 34-18.53 of this Code;
17        (13) Sections 10-20.63 and 34-18.56 of this Code;
18        (14) Section 26-18 of this Code;
19        (15) Section 22-30 of this Code;
20        (16) Sections 24-12 and 34-85 of this Code;
21        (17) the Seizure Smart School Act; and
22        (18) Section 2-3.64a-10 of this Code; and .
23        (19) Section 10-22.25b of this Code.
24    The change made by Public Act 96-104 to this subsection
25(g) is declaratory of existing law.
26    (h) A charter school may negotiate and contract with a

 

 

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1school district, the governing body of a State college or
2university or public community college, or any other public or
3for-profit or nonprofit private entity for: (i) the use of a
4school building and grounds or any other real property or
5facilities that the charter school desires to use or convert
6for use as a charter school site, (ii) the operation and
7maintenance thereof, and (iii) the provision of any service,
8activity, or undertaking that the charter school is required
9to perform in order to carry out the terms of its charter.
10However, a charter school that is established on or after
11April 16, 2003 (the effective date of Public Act 93-3) and that
12operates in a city having a population exceeding 500,000 may
13not contract with a for-profit entity to manage or operate the
14school during the period that commences on April 16, 2003 (the
15effective date of Public Act 93-3) and concludes at the end of
16the 2004-2005 school year. Except as provided in subsection
17(i) of this Section, a school district may charge a charter
18school reasonable rent for the use of the district's
19buildings, grounds, and facilities. Any services for which a
20charter school contracts with a school district shall be
21provided by the district at cost. Any services for which a
22charter school contracts with a local school board or with the
23governing body of a State college or university or public
24community college shall be provided by the public entity at
25cost.
26    (i) In no event shall a charter school that is established

 

 

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1by converting an existing school or attendance center to
2charter school status be required to pay rent for space that is
3deemed available, as negotiated and provided in the charter
4agreement, in school district facilities. However, all other
5costs for the operation and maintenance of school district
6facilities that are used by the charter school shall be
7subject to negotiation between the charter school and the
8local school board and shall be set forth in the charter.
9    (j) A charter school may limit student enrollment by age
10or grade level.
11    (k) If the charter school is approved by the State Board or
12Commission, then the charter school is its own local education
13agency.
14(Source: P.A. 100-29, eff. 1-1-18; 100-156, eff. 1-1-18;
15100-163, eff. 1-1-18; 100-413, eff. 1-1-18; 100-468, eff.
166-1-18; 100-726, eff. 1-1-19; 100-863, eff. 8-14-18; 101-50,
17eff. 7-1-20; 101-81, eff. 7-12-19; 101-291, eff. 1-1-20;
18101-531, eff. 8-23-19; 101-543, eff. 8-23-19; 101-654, eff.
193-8-21.)
 
20    (105 ILCS 5/34-2.3)  (from Ch. 122, par. 34-2.3)
21    Sec. 34-2.3. Local school councils - Powers and duties.
22Each local school council shall have and exercise, consistent
23with the provisions of this Article and the powers and duties
24of the board of education, the following powers and duties:
25    1. (A) To annually evaluate the performance of the

 

 

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1principal of the attendance center using a Board approved
2principal evaluation form, which shall include the evaluation
3of (i) student academic improvement, as defined by the school
4improvement plan, (ii) student absenteeism rates at the
5school, (iii) instructional leadership, (iv) the effective
6implementation of programs, policies, or strategies to improve
7student academic achievement, (v) school management, and (vi)
8any other factors deemed relevant by the local school council,
9including, without limitation, the principal's communication
10skills and ability to create and maintain a student-centered
11learning environment, to develop opportunities for
12professional development, and to encourage parental
13involvement and community partnerships to achieve school
14improvement;
15    (B) to determine in the manner provided by subsection (c)
16of Section 34-2.2 and subdivision 1.5 of this Section whether
17the performance contract of the principal shall be renewed;
18and
19    (C) to directly select, in the manner provided by
20subsection (c) of Section 34-2.2, a new principal (including a
21new principal to fill a vacancy) -- without submitting any
22list of candidates for that position to the general
23superintendent as provided in paragraph 2 of this Section --
24to serve under a 4 year performance contract; provided that
25(i) the determination of whether the principal's performance
26contract is to be renewed, based upon the evaluation required

 

 

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1by subdivision 1.5 of this Section, shall be made no later than
2150 days prior to the expiration of the current
3performance-based contract of the principal, (ii) in cases
4where such performance contract is not renewed -- a direct
5selection of a new principal -- to serve under a 4 year
6performance contract shall be made by the local school council
7no later than 45 days prior to the expiration of the current
8performance contract of the principal, and (iii) a selection
9by the local school council of a new principal to fill a
10vacancy under a 4 year performance contract shall be made
11within 90 days after the date such vacancy occurs. A Council
12shall be required, if requested by the principal, to provide
13in writing the reasons for the council's not renewing the
14principal's contract.
15    1.5. The local school council's determination of whether
16to renew the principal's contract shall be based on an
17evaluation to assess the educational and administrative
18progress made at the school during the principal's current
19performance-based contract. The local school council shall
20base its evaluation on (i) student academic improvement, as
21defined by the school improvement plan, (ii) student
22absenteeism rates at the school, (iii) instructional
23leadership, (iv) the effective implementation of programs,
24policies, or strategies to improve student academic
25achievement, (v) school management, and (vi) any other factors
26deemed relevant by the local school council, including,

 

 

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1without limitation, the principal's communication skills and
2ability to create and maintain a student-centered learning
3environment, to develop opportunities for professional
4development, and to encourage parental involvement and
5community partnerships to achieve school improvement. If a
6local school council fails to renew the performance contract
7of a principal rated by the general superintendent, or his or
8her designee, in the previous years' evaluations as meeting or
9exceeding expectations, the principal, within 15 days after
10the local school council's decision not to renew the contract,
11may request a review of the local school council's principal
12non-retention decision by a hearing officer appointed by the
13American Arbitration Association. A local school council
14member or members or the general superintendent may support
15the principal's request for review. During the period of the
16hearing officer's review of the local school council's
17decision on whether or not to retain the principal, the local
18school council shall maintain all authority to search for and
19contract with a person to serve as interim or acting
20principal, or as the principal of the attendance center under
21a 4-year performance contract, provided that any performance
22contract entered into by the local school council shall be
23voidable or modified in accordance with the decision of the
24hearing officer. The principal may request review only once
25while at that attendance center. If a local school council
26renews the contract of a principal who failed to obtain a

 

 

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1rating of "meets" or "exceeds expectations" in the general
2superintendent's evaluation for the previous year, the general
3superintendent, within 15 days after the local school
4council's decision to renew the contract, may request a review
5of the local school council's principal retention decision by
6a hearing officer appointed by the American Arbitration
7Association. The general superintendent may request a review
8only once for that principal at that attendance center. All
9requests to review the retention or non-retention of a
10principal shall be submitted to the general superintendent,
11who shall, in turn, forward such requests, within 14 days of
12receipt, to the American Arbitration Association. The general
13superintendent shall send a contemporaneous copy of the
14request that was forwarded to the American Arbitration
15Association to the principal and to each local school council
16member and shall inform the local school council of its rights
17and responsibilities under the arbitration process, including
18the local school council's right to representation and the
19manner and process by which the Board shall pay the costs of
20the council's representation. If the local school council
21retains the principal and the general superintendent requests
22a review of the retention decision, the local school council
23and the general superintendent shall be considered parties to
24the arbitration, a hearing officer shall be chosen between
25those 2 parties pursuant to procedures promulgated by the
26State Board of Education, and the principal may retain counsel

 

 

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1and participate in the arbitration. If the local school
2council does not retain the principal and the principal
3requests a review of the retention decision, the local school
4council and the principal shall be considered parties to the
5arbitration and a hearing officer shall be chosen between
6those 2 parties pursuant to procedures promulgated by the
7State Board of Education. The hearing shall begin (i) within
845 days after the initial request for review is submitted by
9the principal to the general superintendent or (ii) if the
10initial request for review is made by the general
11superintendent, within 45 days after that request is mailed to
12the American Arbitration Association. The hearing officer
13shall render a decision within 45 days after the hearing
14begins and within 90 days after the initial request for
15review. The Board shall contract with the American Arbitration
16Association for all of the hearing officer's reasonable and
17necessary costs. In addition, the Board shall pay any
18reasonable costs incurred by a local school council for
19representation before a hearing officer.
20    1.10. The hearing officer shall conduct a hearing, which
21shall include (i) a review of the principal's performance,
22evaluations, and other evidence of the principal's service at
23the school, (ii) reasons provided by the local school council
24for its decision, and (iii) documentation evidencing views of
25interested persons, including, without limitation, students,
26parents, local school council members, school faculty and

 

 

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1staff, the principal, the general superintendent or his or her
2designee, and members of the community. The burden of proof in
3establishing that the local school council's decision was
4arbitrary and capricious shall be on the party requesting the
5arbitration, and this party shall sustain the burden by a
6preponderance of the evidence. The hearing officer shall set
7the local school council decision aside if that decision, in
8light of the record developed at the hearing, is arbitrary and
9capricious. The decision of the hearing officer may not be
10appealed to the Board or the State Board of Education. If the
11hearing officer decides that the principal shall be retained,
12the retention period shall not exceed 2 years.
13    2. In the event (i) the local school council does not renew
14the performance contract of the principal, or the principal
15fails to receive a satisfactory rating as provided in
16subsection (h) of Section 34-8.3, or the principal is removed
17for cause during the term of his or her performance contract in
18the manner provided by Section 34-85, or a vacancy in the
19position of principal otherwise occurs prior to the expiration
20of the term of a principal's performance contract, and (ii)
21the local school council fails to directly select a new
22principal to serve under a 4 year performance contract, the
23local school council in such event shall submit to the general
24superintendent a list of 3 candidates -- listed in the local
25school council's order of preference -- for the position of
26principal, one of which shall be selected by the general

 

 

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1superintendent to serve as principal of the attendance center.
2If the general superintendent fails or refuses to select one
3of the candidates on the list to serve as principal within 30
4days after being furnished with the candidate list, the
5general superintendent shall select and place a principal on
6an interim basis (i) for a period not to exceed one year or
7(ii) until the local school council selects a new principal
8with 7 affirmative votes as provided in subsection (c) of
9Section 34-2.2, whichever occurs first. If the local school
10council fails or refuses to select and appoint a new
11principal, as specified by subsection (c) of Section 34-2.2,
12the general superintendent may select and appoint a new
13principal on an interim basis for an additional year or until a
14new contract principal is selected by the local school
15council. There shall be no discrimination on the basis of
16race, sex, creed, color or disability unrelated to ability to
17perform in connection with the submission of candidates for,
18and the selection of a candidate to serve as principal of an
19attendance center. No person shall be directly selected,
20listed as a candidate for, or selected to serve as principal of
21an attendance center (i) if such person has been removed for
22cause from employment by the Board or (ii) if such person does
23not hold a valid administrative certificate issued or
24exchanged under Article 21 and endorsed as required by that
25Article for the position of principal. A principal whose
26performance contract is not renewed as provided under

 

 

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1subsection (c) of Section 34-2.2 may nevertheless, if
2otherwise qualified and certified as herein provided and if he
3or she has received a satisfactory rating as provided in
4subsection (h) of Section 34-8.3, be included by a local
5school council as one of the 3 candidates listed in order of
6preference on any candidate list from which one person is to be
7selected to serve as principal of the attendance center under
8a new performance contract. The initial candidate list
9required to be submitted by a local school council to the
10general superintendent in cases where the local school council
11does not renew the performance contract of its principal and
12does not directly select a new principal to serve under a 4
13year performance contract shall be submitted not later than 30
14days prior to the expiration of the current performance
15contract. In cases where the local school council fails or
16refuses to submit the candidate list to the general
17superintendent no later than 30 days prior to the expiration
18of the incumbent principal's contract, the general
19superintendent may appoint a principal on an interim basis for
20a period not to exceed one year, during which time the local
21school council shall be able to select a new principal with 7
22affirmative votes as provided in subsection (c) of Section
2334-2.2. In cases where a principal is removed for cause or a
24vacancy otherwise occurs in the position of principal and the
25vacancy is not filled by direct selection by the local school
26council, the candidate list shall be submitted by the local

 

 

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1school council to the general superintendent within 90 days
2after the date such removal or vacancy occurs. In cases where
3the local school council fails or refuses to submit the
4candidate list to the general superintendent within 90 days
5after the date of the vacancy, the general superintendent may
6appoint a principal on an interim basis for a period of one
7year, during which time the local school council shall be able
8to select a new principal with 7 affirmative votes as provided
9in subsection (c) of Section 34-2.2.
10    2.5. Whenever a vacancy in the office of a principal
11occurs for any reason, the vacancy shall be filled in the
12manner provided by this Section by the selection of a new
13principal to serve under a 4 year performance contract.
14    3. To establish additional criteria to be included as part
15of the performance contract of its principal, provided that
16such additional criteria shall not discriminate on the basis
17of race, sex, creed, color or disability unrelated to ability
18to perform, and shall not be inconsistent with the uniform 4
19year performance contract for principals developed by the
20board as provided in Section 34-8.1 of the School Code or with
21other provisions of this Article governing the authority and
22responsibility of principals.
23    4. To approve the expenditure plan prepared by the
24principal with respect to all funds allocated and distributed
25to the attendance center by the Board. The expenditure plan
26shall be administered by the principal. Notwithstanding any

 

 

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1other provision of this Act or any other law, any expenditure
2plan approved and administered under this Section 34-2.3 shall
3be consistent with and subject to the terms of any contract for
4services with a third party entered into by the Chicago School
5Reform Board of Trustees or the board under this Act.
6    Via a supermajority vote of 7 members of the local school
7council or 8 members of a high school local school council, the
8Council may transfer allocations pursuant to Section 34-2.3
9within funds; provided that such a transfer is consistent with
10applicable law and collective bargaining agreements.
11    Beginning in fiscal year 1991 and in each fiscal year
12thereafter, the Board may reserve up to 1% of its total fiscal
13year budget for distribution on a prioritized basis to schools
14throughout the school system in order to assure adequate
15programs to meet the needs of special student populations as
16determined by the Board. This distribution shall take into
17account the needs catalogued in the Systemwide Plan and the
18various local school improvement plans of the local school
19councils. Information about these centrally funded programs
20shall be distributed to the local school councils so that
21their subsequent planning and programming will account for
22these provisions.
23    Beginning in fiscal year 1991 and in each fiscal year
24thereafter, from other amounts available in the applicable
25fiscal year budget, the board shall allocate a lump sum amount
26to each local school based upon such formula as the board shall

 

 

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1determine taking into account the special needs of the student
2body. The local school principal shall develop an expenditure
3plan in consultation with the local school council, the
4professional personnel leadership committee and with all other
5school personnel, which reflects the priorities and activities
6as described in the school's local school improvement plan and
7is consistent with applicable law and collective bargaining
8agreements and with board policies and standards; however, the
9local school council shall have the right to request waivers
10of board policy from the board of education and waivers of
11employee collective bargaining agreements pursuant to Section
1234-8.1a.
13    The expenditure plan developed by the principal with
14respect to amounts available from the fund for prioritized
15special needs programs and the allocated lump sum amount must
16be approved by the local school council.
17    The lump sum allocation shall take into account the
18following principles:
19        a. Teachers: Each school shall be allocated funds
20    equal to the amount appropriated in the previous school
21    year for compensation for teachers (regular grades
22    kindergarten through 12th grade) plus whatever increases
23    in compensation have been negotiated contractually or
24    through longevity as provided in the negotiated agreement.
25    Adjustments shall be made due to layoff or reduction in
26    force, lack of funds or work, change in subject

 

 

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1    requirements, enrollment changes, or contracts with third
2    parties for the performance of services or to rectify any
3    inconsistencies with system-wide allocation formulas or
4    for other legitimate reasons.
5        b. Other personnel: Funds for other teacher
6    certificated and uncertificated personnel paid through
7    non-categorical funds shall be provided according to
8    system-wide formulas based on student enrollment and the
9    special needs of the school as determined by the Board.
10        c. Non-compensation items: Appropriations for all
11    non-compensation items shall be based on system-wide
12    formulas based on student enrollment and on the special
13    needs of the school or factors related to the physical
14    plant, including but not limited to textbooks, electronic
15    textbooks and the technological equipment necessary to
16    gain access to and use electronic textbooks, supplies,
17    electricity, equipment, and routine maintenance.
18        d. Funds for categorical programs: Schools shall
19    receive personnel and funds based on, and shall use such
20    personnel and funds in accordance with State and Federal
21    requirements applicable to each categorical program
22    provided to meet the special needs of the student body
23    (including but not limited to, Federal Chapter I,
24    Bilingual, and Special Education).
25        d.1. Funds for State Title I: Each school shall
26    receive funds based on State and Board requirements

 

 

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1    applicable to each State Title I pupil provided to meet
2    the special needs of the student body. Each school shall
3    receive the proportion of funds as provided in Section
4    18-8 or 18-8.15 to which they are entitled. These funds
5    shall be spent only with the budgetary approval of the
6    Local School Council as provided in Section 34-2.3.
7        e. The Local School Council shall have the right to
8    request the principal to close positions and open new ones
9    consistent with the provisions of the local school
10    improvement plan provided that these decisions are
11    consistent with applicable law and collective bargaining
12    agreements. If a position is closed, pursuant to this
13    paragraph, the local school shall have for its use the
14    system-wide average compensation for the closed position.
15        f. Operating within existing laws and collective
16    bargaining agreements, the local school council shall have
17    the right to direct the principal to shift expenditures
18    within funds.
19        g. (Blank).
20    Any funds unexpended at the end of the fiscal year shall be
21available to the board of education for use as part of its
22budget for the following fiscal year.
23    5. To make recommendations to the principal concerning
24textbook selection and concerning curriculum developed
25pursuant to the school improvement plan which is consistent
26with systemwide curriculum objectives in accordance with

 

 

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1Sections 34-8 and 34-18 of the School Code and in conformity
2with the collective bargaining agreement.
3    6. To advise the principal concerning the attendance and
4disciplinary policies for the attendance center, subject to
5the provisions of this Article and Article 26, and consistent
6with the uniform system of discipline established by the board
7pursuant to Section 34-19.
8    7. To approve a school improvement plan developed as
9provided in Section 34-2.4. The process and schedule for plan
10development shall be publicized to the entire school
11community, and the community shall be afforded the opportunity
12to make recommendations concerning the plan. At least twice a
13year the principal and local school council shall report
14publicly on progress and problems with respect to plan
15implementation.
16    8. To evaluate the allocation of teaching resources and
17other certificated and uncertificated staff to the attendance
18center to determine whether such allocation is consistent with
19and in furtherance of instructional objectives and school
20programs reflective of the school improvement plan adopted for
21the attendance center; and to make recommendations to the
22board, the general superintendent and the principal concerning
23any reallocation of teaching resources or other staff whenever
24the council determines that any such reallocation is
25appropriate because the qualifications of any existing staff
26at the attendance center do not adequately match or support

 

 

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1instructional objectives or school programs which reflect the
2school improvement plan.
3    9. To make recommendations to the principal and the
4general superintendent concerning their respective
5appointments, after August 31, 1989, and in the manner
6provided by Section 34-8 and Section 34-8.1, of persons to
7fill any vacant, additional or newly created positions for
8teachers at the attendance center or at attendance centers
9which include the attendance center served by the local school
10council.
11    10. To request of the Board the manner in which training
12and assistance shall be provided to the local school council.
13Pursuant to Board guidelines a local school council is
14authorized to direct the Board of Education to contract with
15personnel or not-for-profit organizations not associated with
16the school district to train or assist council members. If
17training or assistance is provided by contract with personnel
18or organizations not associated with the school district, the
19period of training or assistance shall not exceed 30 hours
20during a given school year; person shall not be employed on a
21continuous basis longer than said period and shall not have
22been employed by the Chicago Board of Education within the
23preceding six months. Council members shall receive training
24in at least the following areas:
25        1. school budgets;
26        2. educational theory pertinent to the attendance

 

 

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1    center's particular needs, including the development of
2    the school improvement plan and the principal's
3    performance contract; and
4        3. personnel selection.
5Council members shall, to the greatest extent possible,
6complete such training within 90 days of election.
7    11. In accordance with systemwide guidelines contained in
8the System-Wide Educational Reform Goals and Objectives Plan,
9criteria for evaluation of performance shall be established
10for local school councils and local school council members. If
11a local school council persists in noncompliance with
12systemwide requirements, the Board may impose sanctions and
13take necessary corrective action, consistent with Section
1434-8.3.
15    12. Each local school council shall comply with the Open
16Meetings Act and the Freedom of Information Act. Each local
17school council shall issue and transmit to its school
18community a detailed annual report accounting for its
19activities programmatically and financially. Each local school
20council shall convene at least 2 well-publicized meetings
21annually with its entire school community. These meetings
22shall include presentation of the proposed local school
23improvement plan, of the proposed school expenditure plan, and
24the annual report, and shall provide an opportunity for public
25comment.
26    13. Each local school council is encouraged to involve

 

 

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1additional non-voting members of the school community in
2facilitating the council's exercise of its responsibilities.
3    14. The local school council may adopt a school uniform or
4dress code policy that governs the attendance center and that
5is necessary to maintain the orderly process of a school
6function or prevent endangerment of student health or safety,
7consistent with the policies and rules of the Board of
8Education. A school uniform or dress code policy adopted by a
9local school council: (i) shall not be applied in such manner
10as to discipline or deny attendance to a transfer student or
11any other student for noncompliance with that policy during
12such period of time as is reasonably necessary to enable the
13student to acquire a school uniform or otherwise comply with
14the dress code policy that is in effect at the attendance
15center into which the student's enrollment is transferred; and
16(ii) shall include criteria and procedures under which the
17local school council will accommodate the needs of or
18otherwise provide appropriate resources to assist a student
19from an indigent family in complying with an applicable school
20uniform or dress code policy; and (iii) shall not include or
21apply to hairstyles, including hairstyles historically
22associated with race, ethnicity, or hair texture, including,
23but not limited to, protective hairstyles such as braids,
24locks, and twists. A student whose parents or legal guardians
25object on religious grounds to the student's compliance with
26an applicable school uniform or dress code policy shall not be

 

 

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1required to comply with that policy if the student's parents
2or legal guardians present to the local school council a
3signed statement of objection detailing the grounds for the
4objection. If a local school council does not comply with the
5requirements and prohibitions set forth in this paragraph 14,
6the attendance center is subject to the penalty imposed
7pursuant to subsection (a) of Section 2-3.25.
8    15. All decisions made and actions taken by the local
9school council in the exercise of its powers and duties shall
10comply with State and federal laws, all applicable collective
11bargaining agreements, court orders and rules properly
12promulgated by the Board.
13    15a. To grant, in accordance with board rules and
14policies, the use of assembly halls and classrooms when not
15otherwise needed, including lighting, heat, and attendants,
16for public lectures, concerts, and other educational and
17social activities.
18    15b. To approve, in accordance with board rules and
19policies, receipts and expenditures for all internal accounts
20of the attendance center, and to approve all fund-raising
21activities by nonschool organizations that use the school
22building.
23    16. (Blank).
24    17. Names and addresses of local school council members
25shall be a matter of public record.
26(Source: P.A. 100-465, eff. 8-31-17.)
 

 

 

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1    Section 99. Effective date. This Act takes effect January
21, 2022.